OH Pike Co., 8 in Rhoden Family Murdered Over Custody Issue, 4 Members Wagner Family Arrested #51

[Loomis124]

Both of them had Tampering with Evidence charges dropped for lack of speedy trial. As for the stolen property, Billy got off lightly, jail suspended and off probation 2 years early. (Summarized if anybody interested doesn't feel like going to Court View)

• WAGNER, ANGELA

2921.12(A)(1) - Felony 3rd Degree TAMPERING WITH EVIDENCE
DISMISSED LACK OF SPEEDY TRIAL....09/10/2009

• WAGNER, III, GEORGE

2921.12(A)(1) - Felony 3rd Degree TAMPERING WITH EVIDENCE
DISMISSED LACK OF SPEEDY TRIAL....09/10/2009

• WAGNER, GEORGE W
• CRIMINAL INDICTMENT
• 10/30/2002 ENTRY FILED

The Court finds that on the 17th day of April, 2002, the Defendant entered pleas of No Contest to Receiving Stolen Property, and was found Guilty by this Court of the following offenses: Count One - Receiving Stolen Property, Count three - Receiving Stolen Property, Count Two - Dismissed.

It is therefore ORDERED that the Defendant serve 180 days in the Pike county Jail on each count, with 180 suspended. The Defendant shall be placed on probation for a period of 3 years with the Adult Parole Authority. Defendant is also ORDERED to pay a fine in the amount of $500.00 and to pay the costs of this action.

05/21/2003 REPORT AND ORDER TERMINATING PROBATION PRIOR TO ORIGINAL EXPIRATION DATE FILED

IMO, there's alot more here than meets the eye. I believe someone posted Junk's reply that he didn't remember the reasons the defendants got off, could have been this, could have been that. IMO, Junior and FW took care of that. Very probable that they went above Junk and got a Judge to make this happen. JMO

 

[Loomis124]

In my opinion only, Jake has a criminal record, both juvenile and adult, that FW made go away, but maybe now has risen from its secrecy. JMO

 

[Loomis124]

If anyone cares to go back and look, every single motion or response filed by the State includes a statement at the end that it does plan to use 'other acts' . I've been looking forward to this motion being argued. All just my happy opinion.

 

[Cool Cats]

IMO, there's alot more here than meets the eye. I believe someone posted Junk's reply that he didn't remember the reasons the defendants got off, could have been this, could have been that. IMO, Junior and FW took care of that. Very probable that they went above Junk and got a Judge to make this happen. JMO

I think this is what your referring to:

"..Less is known about the case, in which the pair was ordered to have no contact with Rocky Mountain Boot Company.

A criminal complaint alleged they altered, destroyed, concealed or removed evidence in an investigation.

Public records give few additional details, and Pike County Prosecutor Rob Junk, who is handling the charges in the Rhoden massacre, said by email he couldn't recall the tampering case details.

Junk moved in 2009 to dismiss the charges against both Wagners "due to the case not being presented to grand jury awaiting results from BCI," according to the records.

"Could be any number of reasons for it not being presented," Junk wrote regarding the tampering case. "There may not have been a completed case from the investigating agency, or there wasn't enough evidence even to take it to grand jury, or a possible victim didn't want to pursue."
Pike County: Father accused in Rhoden massacre faced prior felonies

 

[Loomis124]

I truly cannot stand or understand the GRIN on his face. This is just so funny.....NOT.
Sorry my little 2 cent rant.

It's called ARROGANCE He is proud of what he has accomplished. My opinion.

 

[Loomis124]

I think this is what your referring to:

"..Less is known about the case, in which the pair was ordered to have no contact with Rocky Mountain Boot Company.

A criminal complaint alleged they altered, destroyed, concealed or removed evidence in an investigation.

Public records give few additional details, and Pike County Prosecutor Rob Junk, who is handling the charges in the Rhoden massacre, said by email he couldn't recall the tampering case details.

Junk moved in 2009 to dismiss the charges against both Wagners "due to the case not being presented to grand jury awaiting results from BCI," according to the records.

"Could be any number of reasons for it not being presented," Junk wrote regarding the tampering case. "There may not have been a completed case from the investigating agency, or there wasn't enough evidence even to take it to grand jury, or a possible victim didn't want to pursue."

Yep! That's it! Thanks, CC!

 

[Cool Cats]

Yep! That's it! Thanks, CC!

No prob...
I went back and added the link. It's the most detailed article on Billy's brushes with the law.

 

[Loomis124]

I think this is what your referring to:

"..Less is known about the case, in which the pair was ordered to have no contact with Rocky Mountain Boot Company.

A criminal complaint alleged they altered, destroyed, concealed or removed evidence in an investigation.

Public records give few additional details, and Pike County Prosecutor Rob Junk, who is handling the charges in the Rhoden massacre, said by email he couldn't recall the tampering case details.

Junk moved in 2009 to dismiss the charges against both Wagners "due to the case not being presented to grand jury awaiting results from BCI," according to the records.

"Could be any number of reasons for it not being presented," Junk wrote regarding the tampering case. "There may not have been a completed case from the investigating agency, or there wasn't enough evidence even to take it to grand jury, or a possible victim didn't want to pursue."
Pike County: Father accused in Rhoden massacre faced prior felonies

Yeah, this was all discussed in detail, once upon a time, but I didn't ever understand it. But I bet the Prosecution did. Lol

 

[Sleuthinsleuther]

It's called ARROGANCE He is proud of what he has accomplished. My opinion.

Or maybe he thinks/knows he’s gonna get off

 

[Loomis124]

Some small things I noticed from today's hearing:

- Ms. Geneva looked SO pretty in her new sweater, but, she is always shining like the Evening Star. This must infuriate FW. I hope so. My opinion.

- Ms. Canepa, with her pretty hair and nails, continues to uphold the State and mar down the defense. And kudos to Mr. Junk, too.

- At more than one point, the main defense attorney's lips visibly shake as he holds his hands to cover them.

<modsnip - off topic>

- Proud of Agent Scheiderer for staring the defendant down throughout the proceeding.

- Proud of and anxious to hear the new Special Prosecutor lay into the defense attorneys.

All just my opinion only.

 

[Cool Cats]

Or maybe he thinks/knows he’s gonna get off

But then why push his speedy trial deadline to January 2021? If he thinks he's getting off, he'd want his trial now. I think it's strange he pushed it so far back because of his daughter. More resigned to his fate?

 

[Loomis124]

Or maybe he thinks/knows he’s gonna get off

Is this your opinion?

Maybe he thinks, but I don't think he KNOWS that. As a matter of fact, if he keeps grinning like that, the Jury will surely convict him for all 8 counts of aggravated murder and all the charges that follow. JMO

 

[Fletcher73]

Phil Fulton, pastor at Union Hill Church in Adams County, said he was “ecstatic” when he found out about the arrests.

Kelly Cinereski, an Alaskan pastor and friend of the family, told the Dayton Daily News he was shocked by their arrests. "These people wept over dogs, I can't imagine them taking people's lives," he said.

...and Pastor Kelly kept them at arm's length when they lived in Alaska. The W4 attended his son's church in Kenai, which was a two-hour drive from Seward, where Kelly Cinereski has his congregation.
JMO from personal knowledge.

Pastor Kelly was probably as shocked as the rest of us, but still kept a "wait & see" attitude. MOO

 

[Fletcher73]

Yes, some of the defense attorneys are making a push to get the names of the GJ's but they will get nowhere. The case law is very clear on that.

Judge Deering has already told some of the defense attorneys that if they have further issues regarding it, they'll have to bring it up at trial and show some evidence.

It has been ruled, however, that defendants can have access to their own testimony as part of their First Amendment rights. Federal law:

United States v. Procter & Gamble Co., 356 US 677 (1958), permitted the disclosure of grand jury transcripts under certain restrictions: "a private party seeking to obtain grand jury transcripts must demonstrate that 'without the transcript a defense would be greatly prejudiced or that without reference to it an injustice would be done'" and must make its requests "with particularity".[16] Further, First Amendment protections generally permit the witnesses summoned by a grand jury to discuss their testimony, although Dennis v. United States, 384 US 855 (1966), found that such public discussion permits release of the transcripts of their actual testimony.[16]

The Jencks Act, 18 U.S.C. § 3500, requires the government to disclose to the defense any statements made by the accused to the grand jury, and, with respect to non-party witnesses, that after a witness has testified on direct examination at trial, any statement made to the grand jury by such witness be disclosed to the defense.

But GJ's will remain secret

Grand jury proceedings are secret. No judge is present; the proceedings are led by a prosecutor;[15] and the defendant has no right to present his case or (in many instances) to be informed of the proceedings at all. While court reporters usually transcribe the proceedings, the records are sealed. The case for such secrecy was unanimously upheld by the Burger Court in Douglas Oil Co. of Cal. v. Petrol Stops Northwest, 441 US 211 (1979).[16][17] The dissenting opinion was joined by Justices Burger and Stewart but concurred with the Court's opinion as to the importance and rationale of grand jury secrecy. Writing for the Court, Justice Powell found that "if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily"; "witnesses who appeared before the grand jury would be less likely to testify fully and frankly"; and "there also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors". Further, "persons who are accused but exonerated by the grand jury [should] not be held up to public ridicule".[16]

Grand juries in the United States - Wikipedia

It should also be pointed out that Grand Juries are selected weeks ahead of when they will serve, and usually serve a week at a time over several months. Criminal indictments have to come down in a short time, like 10 days of being accused or arrested. So there is rarely any way someone with a personal vendetta could serve on a GJ and force an indictment. This is designed to take the "personal effect" out of the equation.

Hope I said all that correctly - going on memory.

 

[Fletcher73]

In my opinion only, Jake has a criminal record, both juvenile and adult, that FW made go away, but maybe now has risen from its secrecy. JMO

Is that possibly the juvenile record AW (Jake's mother) referred to in one of her Motions?

I don't recall the details - we discussed it, seems like eons ago.

 

[GoBuckeyes]

Some small things I noticed from today's hearing:

- Ms. Geneva looked SO pretty in her new sweater, but, she is always shining like the Evening Star. This must infuriate FW. I hope so. My opinion.

- Ms. Canepa, with her pretty hair and nails, continues to uphold the State and mar down the defense. And kudos to Mr. Junk, too.

- At more than one point, the main defense attorney's lips visibly shake as he holds his hands to cover them.

- I think CC asked if Jake looked "different" today. Yes, IMO, he looked more like a female than a male, today.

- Proud of Agent Scheiderer for staring the defendant down throughout the proceeding.

- Proud of and anxious to hear the new Special Prosecutor lay into the defense attorneys.

All just my opinion only.

Loomis, you crack me up! Love your posts. I can always count on you to call em like ya see em. I like that!

 

[GoBuckeyes]

Or maybe he thinks/knows he’s gonna get off

I agree with Loomis' take.

 

[Cool Cats]

...and Pastor Kelly kept them at arm's length when they lived in Alaska. The W4 attended his son's church in Kenai, which was a two-hour drive from Seward, where Kelly Cinereski has his congregation.
JMO from personal knowledge.

Pastor Kelly was probably as shocked as the rest of us, but still kept a "wait & see" attitude. MOO

Who are the Wagners? Pike County murder investigators want to know

"..Cinereski said the family attended Sunday service at his son’s church in Kenai. After speaking Monday with the Daily News,

Pastor Kelly Cinereski posted this on his church's Facebook:

“Good evening church, this is pastor Kelly,” the post reads. “I just wanted you all to know that I am aware of the current situation involving the Wagner family. The lead investigator in southern Ohio does not have any evidence that the Wagners are guilty in this case.”

Without identifying the investigator, the post said he “has my phone number and I have his.”

“I talked with the Wagner family today and they have assured me that this is just an accusation. So we will just leave it at that,” the post said. “Please Pray God’s will be done.”

 

[Cool Cats]

Is that possibly the juvenile record AW (Jake's mother) referred to in one of her Motions?

I don't recall the details - we discussed it, seems like eons ago.

It's a standard Motion that Angela's attorney filed. It's likely the others have or will have it filed.

DEFENDANT'S MOTION FOR DISCLOSURE OF THE JUVENILE RECORDS OF PLAINTIFF'S WITNESSES FILED

"..The juvenile records counsel seeks the State to disclose are necessary to show possible biases, prejudices, and ulterior motives on the part of the witnesses for the State..

..Bias is demonstrated by a witness like, dislike, or fear of a party, or by the witness self-interest..

..confidentiality of juvenile records may not impinge on a defendants right to present all available, relevant and probative evidence.. "

 

[Loomis124]

Is that possibly the juvenile record AW (Jake's mother) referred to in one of her Motions?

I don't recall the details - we discussed it, seems like eons ago.

Yes